The Malaysian Anti-Corruption Commission (“MACC”) released a media statement on the 9th of March confirming the arrest of former prime minister, and current Bersatu president, Tan Sri Dato’ Haji Mahiaddin bin Md Yasin (also known as Muhyiddin Yassin). The MACC stated that pursuant to the arrest, Tan Sri Muhyiddin Yassin would be charged at the Kuala Lumpur Court on the 10th of March 2023.
According to the MACC’s media statement, Tan Sri Muhyiddin Yassin faces several charges under s23 of the MACC Act and s4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act.
For context, the abovementioned provisions are as follows:
s23 of the MACC Act: Any officer of a public body who uses his office or position for any gratification, whether for himself, his relative or associate, commits an offence.
The punishment for s23 is as per s24(1) MACC Act: Any person who commits an offence under s23 shall on conviction be liable to imprisonment for a term not more than 20 years and a fine of not less than 5 times the sum of the gratification or RM10,000.00, whichever is the higher.
s4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act: Anyone who acquires, receives, possesses, disguises, transfers, converts, exchanges, carries, disposes of or uses proceeds of an unlawful activity or instrumentalities of an offence commits a money laundering offence and shall on conviction be liable to imprisonment for a term not more than 15 years and shall also be liable to a fine of not less than 5 times the sum or value of the proceeds of an unlawful activity or RM5 million, whichever is the higher.
On the 10th of March 2023, Muhyiddin was charged under s4(1)(b) of the Anti-Money Laundering and Anti-Terrorism Financing and Proceeds of Unlawful Activities Act with two counts of receiving proceeds from unlawful activities between the 25th of February 2021 and the 16th of July of 2021 as well as the 8th of February 2022 and the 8th of July 2022 amounting to RM195 million. The offence was allegedly committed at CIMB Bank’s KL Tower branch as the said money was credited into the party’s CIMB account.
Besides, Muhyiddin was also charged under s23(1) of the MACC Act with four counts of using his position as the Prime Minister and President of Bersatu to ask for an:
- RM200 million bribe from Bukhary Equity Sdn Bhd between the 8th and 25th of February 2021;
- RM1 million from Nepturis Sdn Bhd on behalf of Bersatu;
- RM19.5 million from Mamfor Sdn Bhd; and
- RM12 million from Azman Yusoff.
Said offences were alleged to have occurred at the Prime Minister’s Department Complex, Federal Government Administrative Centre, Putrajaya. The latter three offences were alleged to have been committed at the same premises between the 20th of March 2021 and the 20th of August 2021.
All charges were read to Muhyiddin before Sessions Court Judge, Azura binti Alwi. Muhyiddin claimed trial for all charges and the judge allowed the prosecution’s suggestion of RM2 million bail to be posted, with two local surety, for all six charges, as well as to have Muhyiddin’s passport surrendered to court.
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